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ANALISIS YURIDIS GUGATAN ACTIO PAULIANA SEBAGAI BENTUK PERLINDUNGAN TERHADAP KREDITUR DALAM UNDANG-UNDANG NOMOR 37 TAHUN 2004 TENTANG KEPAILITAN DAN PKPU (Study Kasus Putusan Nomor 018PK/Pdt.Sus/2007) Aida Nur Hasanah; Sunarmi Sunarmi; Mahmul Siregar; Dedi Harianto
USU LAW JOURNAL Vol 6, No 5 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Actio Pauliana granted as a protection to creditors for debtors that inflict a financial loss. Actio Pauliana is regulated on article 41 to article 50 of insolvency constitutional and PKPU. The real practice of Actio Pauliana took case on the submission of the head of Association House of Legacy Semarang as the curator. Based on verdict no. 02/PAILIT/2006/PN.Niaga.Smg jo 017K/N/2007 jo 018PK/Pdt.Sus/2007, The Panel of Judges repudiate the judicial review of BHP. The Panel of Judges Propositions was neither the evidence could prove the debtor’s bankruptcy nor the thrid party ascertains that the sales and purchases agreement will cause a financial loss for the creditors. However, the transactions between debtors and the thrid party effects on the diminished of the bankrupt assets, that leads to a financial loss for the creditor. This research is conducted to find out that Actio Pauliana could give law protection from curator to creditor, the circumscription of well-doing an unwell-doing debtors on their bankrutcy assets transfer, and the application of Actio Pauliana law by the Panel Judges according to verdict number 018PK/Pdt.Sus/2007. The result showed that Actio Pauliana legal action number: 018 PK/Pdt.Sus/2007 hasn’t granted protection to creditors. The repudiate verdict from panel judges cause an improbability of annulment of insolvency debtors and thrid parties law action, thus the insolvency assets stand still on the thrid party side and reduce the book price of the assets. This Panel Judge’s repudiate verdict as a final judgment was taken because of lack of evidence from the curator. Meanwhile based on the fact of the case, insolvency assets sales and purchases agreement should be held within 1 year before the insolvency proceedings being announced, and this action is not compulsory for the debtors. Insolvency assets sales and purchases agreement agreed upon debtors and third parties are for lawer than the market price, affecting the diminished of insolvency assets that continuously cause a financial loss for another insolvency creditors. The absence of good will specification on the insolvency constitution. Insolvency constitutional and PKPU, is determined to be the cause of different perspective for the judges to finalize the judgement of Actio Pauliana submission. Keywords : Insolvency, Actio Pauliana, Creditors

KEBIJAKAN HUKUM PIDANA TERHADAP ANAK SEBAGAI PELAKU TINDAK PIDANA DITINJAU DARI UNDANG-UNDANG NO. 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK Elyna Simanjuntak; Syafruddin Kalo; Marlina Marlina; Edy Ikhsan
USU LAW JOURNAL Vol 6, No 5 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT The policy in the system of criminal justice is the realization of the regulation in providing “legal certainty” in settling the conflict among children. Law is intentionally cut down to become legal provisions so that the law enforcement does not have the authority to make a policy; they are forced to act in settling the conflict among children. If there is misunderstanding in this legal certainty, it will bring about new conflict since “blinders” are usually used in implementing the law. Judicial power can be used when the opinion of law enforcement is uncertain. Coordination and communication in providing the children’s rights will be the problems in each institution since the commitment for coordinating their interest is not a new thing. The attempt to change children’s characters and behavior will be worse if the support for their facility and infrastructure is far from what has been expected. Public participation needs support from other elements in maximizing the achievement of the system of criminal justice so that the settlement of confilct among children is not included in formal domain. Support from neighborhood is needed to find the solution for improving comfort which is not based on revenge. Keywords : Criminal Law Policy, Children as Perpetrators, Children’s Criminal Justice

TANGGUNG JAWAB PELAKU USAHA ATAS PERBUATAN KARYAWAN YANG MENGAKIBATKAN KERUGIAN KONSUMEN (Analisis Putusan BPSK Kota Medan No.119/Arbitrase/BPSK-MDN/2014 Hani Riadho Nasution; Hasim Purba; Dedi Harianto; Mahmul Siregar
USU LAW JOURNAL Vol 6, No 5 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Responsibility is related to violation against a regulation and an obligation which has to be carried out based on an agreement and a legal provision. A business person can specify certain requirements without consumers’ consent. In consequence, consumers do not have any authority or right to realize the agreement in legal correlation. The research used descriptive analytical method with juridical normative approach. The data were gathered by conducting library research and collecting references dealing with the research object which includes secondary data obtained and gathered from the library research. The gathered data were analyzed qualitatively. The responsibility of a business person for his employee’s error in the case in BPSK of Medan is not fully his responsibility because consumers are protected by Law No 8/1999 on Consumer Protection. In the case of an automobile, Honda CRV, sold and used without any defect, the business person is not responsible anymore. The Ruling of BPSK Medan which accepts the claim from consumers is considered unjust by the business person because the content of the legal consideration does not analyze the error of the employee who has committed criminal act in forgery and the data of the consumer, but the objection of the business person by presenting evidence and witnesses is not considered. Keywords: Responsibility, Employee’s Action, Consumer’s Loss

KEDUDUKAN AHLI WARIS TERPIDANA DALAM PENGAJUAN PENINJAUAN KEMBALI BERDASARKAN PUTUSAN MAHKAMAH AGUNG REPUBLIK INDONESIA (STUDI PUTUSAN NOMOR : 97 PK/PID.SUS/2012) Herri Gunawan Sipayung; Alvi Syahrin; Muhammad Ekaputra; Sutiarnoto Sutiarnoto
USU LAW JOURNAL Vol 6, No 5 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT KUHAP (Code of Law of Criminal Procedure) has long been intended to be revised by the government and the Parliament since it is considered not accommodating public interest in getting justice. The research problems are how about the judicial review in law of criminal procedure lodged by a convict’s heir while the convict is still alive and how about the validity of judicial review lodged by a convict’s heir in the regulation No. 97 PK/Pid.Sus/2012 on July 31, 2013 in the name of the convict, ST. The objective of the research is to find out the process of requesting for judicial review in a criminal case, especially the case lodged by a convict’s heir, to explain some experts’ ideas about the legality of requesting for judicial review lodged by a convict’s heir, and to analyze the opinion of the panel of judges about judicial review in the case of ST, the convict. The research used juridical normative referred to legal provisions. Secondary data were gathered by conducting library research and analyzed qualitatively. In the case of ST, the Panel of Judges accepts the request for judicial review lodged by the convict’s wife as the heir while the convict himself is a fugitive. The result of the research shows that the legal consideration of the Panel of Judges in accepting the request for judicial review is that there has been no legal certainty in the KUHAP and in SEMA (the Circular Letter of the Supreme Court) concerning legal remedy done by a convict’s heir. In order to guarantee legal certainty, it is necessary that KUHAP be revised or SEMA be issued to regulate a clear definition of requesting judicial review by a convict’s heir while the convict himself is a fugitive. Keywords: Heir, Convict, Judicial Review

PENEGAKAN HUKUM JUDI ONLINE YANG DILAKUKAN SAT.RESKRIM POLRESTABES MEDAN BERDASARKAN PENERAPAN KUHP DAN UNDANG-UNDANG NO. 19 TAHUN 2016 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NO. 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK Iqbal Ramadhan Satria Prawira; Madiasa Ablisar; Sunarmi Sunarmi; Mahmud Mulyadi
USU LAW JOURNAL Vol 6, No 5 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT It is not an easy thing to complete gambling, there needs to be a legal regulation that crack down on the perpetrators of gambling crime. Regulations on gambling are originally stipulated in Article 303 of the Criminal Code, subject to imprisonment of up to 2 (two) years 8 (eight) months or a maximum fine of Rp. 90.000, - (ninety thousand rupiah). With the issuance of Law No. 7 of 1974 on Gambling Control, Article 2 Paragraph (1) shall contain the penalty for the criminal act of gambling Article 303 paragraph (1) of the Criminal Code shall be changed to imprisonment for a maximum of 10 (ten) years or a maximum fine of Rp. 25.000.000, - (twenty five million rupiah). Then change Article 542 to Article 303 bis paragraph (1) of the Criminal Code with threatened to be 4 (four) years imprisonment or a maximum fine of Rp. 10.000.000 (ten million rupiah), then Article 303 bis verse (2) of the Criminal Code with a maximum imprisonment of 6 (six) years or a maximum fine of Rp. 15.000.000 (fifteen million rupiah). But the investigation of the crime of gambling was still facing obstacles when faced with the gambling proof process through the internet, because in the Criminal Procedure Code is not regulated the elements containing information technology, while in the case of gambling through the internet ("internet gambling") all done through the internet media. To overcome gambling conducted on the internet, has been issued Law No. 11 Year 2008 on Information and Electronic Transactions. When dealing with "internet gambling" there will still be new problems that will arise, especially regarding the evidence. If, in ordinary gambling, the tools to be used for gambling such as dice or cards and money used for betting are enough to be used as evidence. Whereas, in "internet gambling" gambling is done like a normal computer game. On gambling made via internet bets are paid not from hand to hand, but are transferred directly by writing credit card account numbers over the internet anyway. Keywords : Law Enforcement; Internet Gambling; and Polrestabes Medan.

PENERAPAN ASAS KEPENTINGAN TERBAIK BAGI ANAK DALAM PELAKSANAAN DIVERSI (Studi Kasus di Cabang Kejaksaan Negeri Deli Serdang di Labuhan Deli) Irzan Hafiandy; Madiasa Ablisar; Marlina Marlina; Mahmud Mulyadi
USU LAW JOURNAL Vol 6, No 5 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Law number 11 year 2012 about the criminal justice system of Children mentioned that is the basis of the best interests of the child are all forms of decision-making must always consider survival and flower growing. Decision making always consider survival and growing this flower later becomes the background of the law enforcement agencies especially the Prosecutor in the performance of diversion. The writing is made to cover a few things about how the best interests of the child principle was revealed in legal norms contained in the law criminal justice system of the child, the application of legal norms for the child's best interests principle in the implementation of diversion at the State Attorney's branch of Deli Serdang in Labuhan Deli as well as explain the factors restricting and efforts to overcome the obstacles in the diversion implementation of the best interests of the child principle in the State Attorney's Branch of Deli Serdang in Labuhan Deli. Keywords: The Best Interest of The Child, Diversion, and the Public Prosecutor

ANALISIS HUKUM MENGENAI HUKUMAN DENDA DALAM KASUS KEKERASAN SEKSUAL TERHADAP ANAK DILIHAT DARI PERSPEKTIF VIKTIMOLOGI Liantha Adam Nasution; Ediwarman Ediwarman; Muhammad Ekaputra; Marlina Marlina
USU LAW JOURNAL Vol 6, No 5 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Children as the young generations are the successors to the ideals of the nation’s struggle and are the human resource for the National Development. Every child has equal human right like everyone in general. There are many criminal cases experienced by children causing mental disorders that they can no longer perform their obligations. Law enforcement needs to be conducted to the sexual violence perpetrators so that it will give them deterrence and minimize sexual violence against children. Sentence regulation for the perpetrators of sexual violence against children, besides imprisonment, also applies the sentence to fine which money is automatically put into the State Treasury Fund. The problems of this research are how the criminal sentence to fine is regulated in sexual violence case, what factors cause sexual violence and how the criminal law policy concerning the sentence to fine in the case of sexual violence against children is, and how the efforts of legal protection for the victim in Victimology perspective. Based on the results of the research and the analysis done by the author about the sentence to fine stated in KUHP (the Criminal Code) or the Law that regulates sexual violence against children, in its implementation, Sentence to fine that is retributive is implemented to protect the city today. It puts priority to the sentence and fulfills the rights of the suspect/defendant. Its function mainly stresses on the protection of the suspect/defendant’s prestige and dignity, in KUHP, child protection law, law of eradication of domestic violence and the law on trafficking. The concept applied in the present time does not regulate the sentence to fine that is given to the victim for their protection. If the victims want to obtain compensation, they have to file an application of restitution. This restitution is not to be taken by the victim, but it is kept in the Treasury Fund. Therefore, today concept needs to be amended; the sentence to fine should be restorative, so that it can meet the benefit for the protection of the perpetrator and victim. Keywords: sentence, fine, sexual violence, child, victimology

ANALISIS YURIDIS ATAS PERMOHONAN ADA ATAU TIDAKNYA PENYALAHGUNAAN WEWENANG BERDASARKAN UNDANG-UNDANG NO. 30 TAHUN 2014 TENTANG ADMINISTRASI PEMERINTAHAN TERHADAP PROSES PERADILAN PIDANA KORUPSI Mathilda Chrystina Katarina; Syafruddin Kalo; Muhammad Hamdan; Faisal Akbar Nasution
USU LAW JOURNAL Vol 6, No 5 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT The development of its administrative HR law between State and criminal law entered into a "gray area" giving rise to debate ebelitas among legal experts. How not to, a decision State officials well in order "beleid" nor "diskresi" became the arena of academic studies for was made the base an pemidanaan justification or denial, but on the other hand diskresi without based on legislation give rise to an abuse of authority. By the existence of article 20 and article 21 of ACT No. 30 of 2014 about government administration, opening up space for the internal auditing of the Government Apparatus (APIP) to supervise the prohibition of abuse of authority and PTUN to check and decide there is or none of the elements of abuse of authority, as may be made by the Court of abusing authority in testing TIPIKOR article 3 of ACT PTPK. The results showed that according to the theory of the point of tangent equation, there are administrative law and criminal law related to abuse of authority, including the use of the term Equation 1) 2) Equation, Equation 3) understanding the subject of the norm i.e. Government officials, 4) equation of norgeddrag, i.e. the forbidden deeds (verbod). The close relationship of law and the administration of criminal law that raises the legal experts among the pros cons when APIP inspection results and/or Verdict PTUN stating there are no elements of abuse of authority committed government officials, whether binding the process of criminal justice. Meanwhile, other legal experts have different opinions that the Government officials are convicted could do if the deed Tipikor against criminal law, which preceded and followed the evil inner attitude (mensrea) and result in the loss finances of the State, but in addition to the second opinion there is another legal experts who argued that there are no conflicts of norms, because good PTUN nor the District Court (Criminal/Tipikor) runs the function of each. Parameter test of legality PTUN decisions and/or actions of government officials is legislation (written) and the General principles of good governance/AUPB (not written), while Court TIPIKOR based solely on regulation in writing only. In administrative law distinguished between personal responsibility and position responsibilities. Responsibilities of the position with regard to the legality of the (validity) or defects regarding the juridical authority, procedures, and the substances while personal responsibility with regards to the functionaries or approach the approach behavior, maladministrasi. Criminal responsibility is personal responsibility in the context of losses of State accompanied by malicious intent to benefit yourself. Keywords: abuse of Authority, law Adminintrasi, and criminal law.

ANALISIS PENEGAKAN HUKUM TERHADAP TINDAK PIDANA TIDAK MELAPORKAN PENEMUAN BENDA CAGAR BUDAYA BERDASARKAN UU NO 11 TAHUN 2010 TENTANG CAGAR BUDAYA ( SUATU PENELITIAN DI KOTA BANDA ACEH ) Muhammad Ryan Rainaldi; Alvi Syahrin; Suhaidi Suhaidi; Muhammad Ekaputra
USU LAW JOURNAL Vol 6, No 5 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Indoensia’s legal system is based on the principle of legality, which means that no one can be punished without the force of the existing legislation. In the Act No 11 Year 2010 on Cultural Heritage, it is clear that on Cultural Heritage, there are several articles containing the provisions of criminal sanctions for those violate them. Considering the title and the topic of this research, the discussions of this criminal provision only focus on criminal act of unwilling to report the property of cultural heritage stipulated in Article 23 paragraph (1) and Article 26 paragraph (4) along with Article 102 and Article 103 Act No 11 Year 2010 On Cultural Heritage. Theactionis categorized as criminal acts in Act No 11 Year 2010 on cultural heritage stipulated from Article 101 to Article 112 which states that on Cultural Heritage, there are several articles containing the provisions of criminal sanctions for those who violate them. The obstacles in applying the criminal sanctions towards the act of “unwilling to report” the Discovery of Property of Cultural Heritage in Gampong Pande Banda Aceh are divided into two specific obstacles which are internal and external obstacles. The criminal liability and procedure supposed to be applied towards the act of unwilling to report the discovery of property of cultural heritage occurred in Gampong Pande Banda Aceh which is national Law is not used in handling this case because the Government of Aceh through the Department of Tourism and Culture allows the Banda Aceh citizens to gain profits from the discovery of ancient gold coin in krueng pande to pay zakat based on Aceh Qanun Regulation No 10 Year 2007 on Baitul Mal, article 19 paragraph 8. Thus, the regulation becomes an excuse for the crime in Article 102 and 103 Cultural Heritage Act occurred in Banda Aceh since the validity of Lex Specialis derogate lex generalis, where a special law overrides the common law. Keywords : Criminal Act, Unwilling to Report, Property of Cultural Heritage

GABUNGAN PERKARA TINDAK PIDANA KORUPSI DAN TINDAK PIDANA PENCUCIAN UANG (STUDI PUTUSAN MAHKAMAH AGUNG NO. 1294 K/PID.SUS/2015) Oki Yudhatama; Alvi Syahrin; Bismar Nasution; Mahmud Mulyadi
USU LAW JOURNAL Vol 6, No 5 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Supreme Court Decision No. 1294 K/PID.SUS/2015 on corruption and money laundering, the convicted person named Mohammad Bahalwan was sentenced to imprisonment for corruption, namely 14 years imprisonment and a fine of Rp. 1,000,000,000.00 (one billion rupiah) provided that if the fine is not paid, it is replaced with imprisonment for 8 (eight) months and punishes the defendant to pay the replacement Rp. 337,429,393,537,00 (three hundred thirty seven billion four hundred twenty nine million three hundred ninety three thousand five hundred thirty seven rupiah) where the payment deadline is 1 (one) month after the decision of permanent legal force. However, if not paid will be replaced with imprisonment for 5 (five) years. The imposition of sanctions is due to the convict proven to violate Article 2 paragraph (1) of Law no. 31 Year 1999 on the Eradication of Corruption. Keywords: Corruption, Money Laundering and Evidence

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